If a settlement has been reached through the Injuries Resolution Board for someone under eighteen years of age, a judge must approve the settlement. This is because a child/minor cannot legally agree to settlements themselves, and the court’s approval protects their interests.
The ‘next friend’ (usually a parent or guardian) or a solicitor, must apply for this approval within 3 months of agreeing the settlement. The judge will check the settlement to ensure it is fair.
The judge can increase the settlement amount but cannot reduce it. Once the judge is satisfied, they will approve the agreement and make it a court order. This is called an ‘infant ruling’.
Where to apply for court approval
The court jurisdiction where you apply for court approval depends on the amount involved in the settlement:
- Up to €15,000 - The District Court
- Above €15,000 and up to €60,000 - The Circuit Court
- Above €60,000 - The High Court
How to apply for court approval
To apply for court approval, the 'next friend' or a solicitor must submit an ex-parte application to the court. This does not need to be served on the other side. Your application must include the full details of the settlement reached, any relevant sworn affidavit(s) and medical report(s).
Please contact your relevant court office for directions on getting your case listed in the appropriate court.
What happens to the funds
The funds that someone under eighteen receives in their settlement will be held by the court (or in a trust fund) until they turn eighteen. Once they turn eighteen, they will be able to apply for the funds to be released to them directly (link to accessing funds for a minor). In certain circumstance, their 'next friend' can also apply for part-payment of their funds before they turn eighteen.
Find out how to access funds awarded for someone under eighteen >
